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The Anti-Terrorism Act of 2020
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Case
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The Anti-Terrorism Act of 2020
Republic Act No. 11479
July 3, 2020
Case Overview and Summary
Summary of the Anti-Terrorism Act of 2020Definitions (Section 3):
- Defines key terms such as "terrorism", "terrorist individual", "terrorist organization", "material support", "surveillance activities", "designated person", "weapons of mass destruction", and others.
Acts of Terrorism (Sections 4-12):
- Defines and penalizes acts of terrorism, including:
- Causing death, serious bodily injury, or endangering life (Section 4)
- Threatening to commit terrorism (Section 5)
- Planning, training, preparing, or facilitating terrorism (Section 6)
- Conspiracy to commit terrorism (Section 7)
- Proposing to commit terrorism (Section 8)
- Inciting to commit terrorism (Section 9)
- Recruitment to and membership in a terrorist organization (Section 10)
- Foreign terrorist acts (Section 11)
- Providing material support to terrorists (Section 12)
Humanitarian Exemption (Section 13):
- Humanitarian activities by recognized organizations like the ICRC and PRC are exempt from the material support provision.
Accessory Liability (Section 14):
- Penalizes accessories to terrorism with 12 years imprisonment, regardless of relationship.
Penalty for Public Officials (Section 15):
- Public officials found guilty shall be dismissed, lose benefits, and be disqualified from public office.
Surveillance and Interception (Sections 16-24):
- Allows law enforcement to conduct surveillance, wiretapping, and interception of communications with a Court of Appeals order.
- Establishes procedures, safeguards, and penalties for unauthorized surveillance.
Designation and Proscription of Terrorists (Sections 25-28):
- Allows the Anti-Terrorism Council (ATC) to designate individuals, groups, or organizations as terrorists.
- Allows the Court of Appeals to proscribe terrorist organizations upon application by the DOJ.
- Allows requests for proscription from foreign jurisdictions.
Detention and Rights of Detainees (Sections 29-32):
- Allows detention of suspected terrorists for up to 24 days without judicial warrant.
- Establishes rights of detainees, including access to counsel and medical care.
- Requires official custodial logbook and prohibits torture or coercion.
Anti-Money Laundering Provisions (Sections 35-39):
- Authorizes the Anti-Money Laundering Council (AMLC) to investigate and freeze assets related to terrorism financing.
- Establishes procedures and penalties for non-compliance.
Witness Protection and Unauthorized Disclosure (Sections 40-41):
- Provides for witness protection under the Witness Protection Program.
- Penalizes unauthorized disclosure of classified information with 10 years imprisonment.
Penalties and Procedures (Sections 42-44):
- Penalizes infidelity in custody of detainees, furnishing false evidence, and other offenses.
- Requires continuous trial for terrorism cases.
Anti-Terrorism Council (Sections 45-46):
- Establishes the Anti-Terrorism Council (ATC) to implement the Act and coordinate anti-terrorism efforts.
- Outlines the functions and powers of the ATC.
Commission on Human Rights (Section 47):
- Requires the CHR to prioritize investigating civil and political rights violations related to the Act's implementation.
Extraterritorial Application (Section 49):
- Allows the Act to apply to Filipino citizens committing terrorism abroad and to foreign nationals committing terrorism against the Philippines or its citizens.
Joint Oversight Committee (Section 50):
- Establishes a Joint Congressional Oversight Committee to monitor the Act's implementation.
Protection of Vulnerable Groups and Detainee Management (Sections 51-52):
- Requires due regard for the welfare of vulnerable detainees, such as the elderly, pregnant, disabled, women, and children.
- Requires the BJMP and BuCor to establish a system for managing and handling terrorism detainees.
Trial and Procedures (Sections 53-54):
- Requires the Supreme Court to designate special anti-terror courts to try terrorism cases.
- Allows remote testimony through video conferencing.
- Requires the ATC and DOJ to issue implementing rules and regulations within 90 days.
Repealing and Saving Clauses (Sections 55-57):
- Repeals the Human Security Act of 2007 and other inconsistent laws.
- Preserves the validity of prior judicial decisions and actions under the repealed law.
Effectivity (Section 58):
- The Act takes effect 15 days after publication in the Official Gazette or two newspapers of general circulation.
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Anti-Terrorism Council
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Law
The Anti-Terrorism Act of 2020
Republic Act No. 11479
•July 3, 2020
July 3, 2020
REPUBLIC ACT NO. 11479
AN ACT TO PREVENT, PROHIBIT AND PENALIZE TERRORISM, THEREBY REPEALING REPUBLIC ACT NO. 9372, OTHERWISE KNOWN AS THE "HUMAN SECURITY ACT OF 2007"
SECTION 1. Short Title. — This Act shall henceforth be known as "The Anti-Terrorism Act of 2020."
SECTION 2. Declaration of Policy. — It is declared a policy of the State to protect life, liberty, and property from terrorism, to condemn terrorism as inimical and dangerous to the national security of the country and to the welfare of the people, and to make terrorism a crime against the Filipino people, against humanity, and against The Law of Nations.
In the implementation of the policy stated above, the State shall uphold the basic rights and fundamental liberties of the people as enshrined in the Constitution.
The State recognizes that the fight against terrorism requires a comprehensive approach, comprising political, economic, diplomatic, military, and legal means duly taking into account the root causes of terrorism without acknowledging these as justifications for terrorist and/or criminal activities. Such measures...
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Amends
n/a
Amended by
n/a
Tags
Statutes
Republic Acts
terrorism
anti-terrorism
terrorist acts
terrorist financing
terrorist organizations
proscription
detention
surveillance
wiretapping
freezing assets
Anti-Terrorism Council
human rights
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